Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1459

Introduced by Assembly Member Kim

(Coauthor: Assembly Member Harper)

February 27, 2015

An act to add Chapter 9 (commencing with Section 31495) to Division 17 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1459, as amended, Kim. Toll begin delete facilities: end delete begin insert lanes: end insert County of Orange.

Existing law authorizes certain toll facilities on public highways. begin insert Existing law creates the Orange County Transportation Authority with various powers and duties. end insert

This bill would prohibit begin insert the Department of Transportation from seeking or providing funding for end insert a toll begin delete facility, as defined, to be implemented and constructed end delete begin insert lane end insert on a public highway within the boundaries of the County of Orange unless begin insert the project is end insert approved by a 2⁄3 vote of the begin delete electorate in the county. end delete begin insert Orange County Transportation Authority. end insert

This bill would make legislative findings and declarations as to the necessity for special legislation.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In the State of California, traffic congestion management is
critical and the congestion management process is a systematic
approach, developed to provide for the safe and effective
management and operation of our local, state, and federal
transportation facilities.

(b) There are many ways to manage traffic congestion, including
toll facilities and high-occupancy toll lanes.

(c) In Orange County, for more than 20 years, Measure M, the
one-half cent sales tax for transportation improvements, has been
the major funding source for traffic congestion relief. Measure M
was first approved by Orange County voters in 1990, and renewed
by voters as Measure M2 for a 30-year extension in 2006. The
measure raises the sales tax in Orange County by one-half cent
through 2041. By the year 2041, the M2 program plans to deliver
approximately $15.8 billion worth of transportation improvements
to Orange County.

(d) When Orange County voters approved Measure M2, there
was no mention in the ballot language of “high-occupancy toll
lanes” or “toll lanes” as an eligible project to receive funding. In
fact, while “toll lane” language was once considered to be included,
it was removed for fear that Measure M2 would not pass.

(e) In December of 2013, the Orange County Transportation
Authority (OCTA) approved a plan to widen the I-405 freeway
between Euclid Street and Interstate 605 with one lane in each
direction. This plan was sent to the Department of Transportation
for its approval. In July 2014, the department released its decision
to leverage this construction, paid for with Measure M2 dollars,
to build one toll lane in each direction that will combine with the
existing high-occupancy vehicle (HOV) lane to operate as a new
toll lane facility. The existing HOV lane will be combined with
the high-occupancy toll (HOT) lane so that there will be two
HOT/express lanes in each direction between SR-73 and the I-605.
The toll at peak usage is estimated to be $9.91, in 2013 dollars,
for a one-way trip.

(f) It is the intent of the Legislature to protect the will of the
voters of Orange County and to require a begin insert two-thirds end insert vote of the
begin delete residents of Orange County to approve the construction of a toll
lane on a public highway in that county. end delete begin insert Orange County
Transportation Authority in order to approve construction of a
toll lane funded by the Department of Transportation on a public
highway in Orange County. end insert

SEC. 2.  

Chapter 9 (commencing with Section 31495) is added
to Division 17 of the Streets and Highways Code, to read:

 

Chapter  9. Orange County Toll begin delete Facilities end delete begin insert Lanes end insert

 

31495.  

(a) Notwithstanding any other provision of this
begin delete division, end delete begin insert division or end insert Article 3 (commencing with Section 90) of
Chapter 1 of Division 1, begin delete or any other law, a toll facility shall not
be implemented and constructed on a public highway within the
boundaries of the County of Orange unless approved by a
two-thirds vote of the electorate in the county. end delete begin insert the Department of
Transportation shall not seek or provide funding for construction
of a toll lane on a public highway in the County of Orange unless
the toll lane project is first approved by a two-thirds vote of the
Orange County Transportation Authority. end insert

(b) “Public highway” means a state or local agency highway,
road, or street and includes a bridge.

(c)  begin delete “Toll facility” end delete begin insert “Toll lane” end insert means a begin delete toll road, toll bridge, toll
lane, or any other facility end delete begin insert lane end insert on a public highway within begin insert the end insert
boundaries of the County of Orange for which a toll is to be
charged, and includes the entire length of the portion of the public
highway that is subject to the toll. begin delete “Toll facility” end delete begin insert “Toll lane” end insert
includes a high-occupancy toll lane.

(d) Nothing in this section prohibits charges imposed for parking
associated with a public highway.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances in the County
of Orange, where a new toll begin delete facility end delete begin insert lane end insert would have significant
access and economic impacts on the various communities along
highway routes within the county.